Chapter 8.12 — SOLID WASTE

Editor's note— Ord. No. 3078, § 2, adopted Sep. 26, 2017, amended the title of Ch. 8.12 to read as herein set out. Former Ch. 8.12 was titled "Refuse."

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended:

A.

"Approved recycling container" means the container supplied by and/or identified by the city or the authorized recycling contractor as the container into which recyclable materials shall be placed and which shall be located at the designated recycling collection location.

B.

"Authorized recycling contractor" means a person, firm, partnership, corporation, or other entity authorized under virtue of an agreement contract with the city to collect recyclable materials within the city limits.

C.

"Biohazardous waste" means any waste which may cause disease or reasonably be suspected of harboring pathogenic organisms; included are waste resulting from the operation of medical clinics, hospitals, and other facilities processing wastes which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and surgical gloves.

D.

"Bulky waste" means an item too large to fit in a residential size cart, including but not limited to household appliances, furniture, and electronic waste.

E.

"CalRecycle" means the California Department of Resources Recycling and Recovery.

F.

"Construction and demolition debris" means solid waste material resulting from the building, construction, alteration, repair or demolition, including brick, stone, cement, lumber, plaster, and drywall; packaging; rubble resulting from construction, remodeling, repair and demolition operations on pavements, residential and commercial buildings and other structures.

G.

"Container" means commercial size bins, roll-off boxes, or residential size carts approved and provided by the city or contractor for the accumulation and collection of solid waste, recyclable materials and green waste, or other source- separated material from any premises within the city.

H.

"Contractor" means an entity who has been granted an agreement granting to the entity the exclusive right to collect solid waste with certain specified areas of the city.

I.

"Designated recycling collection location" means those place(s) that include, but are not limited to, curbside locations designated in the agreement between the city and the authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable material.

J.

"Electronic waste" means "covered electronic wastes" as defined in the Act (Section 42463 of Public Resources Code) including discarded electronic equipment such as, but not limited to, television sets, computer monitors, central processing units (CPUs), laptop computers, and peripherals (e.g., external computer hard drives, computer keyboards, computer mice, and computer printers), and other similar items commonly known as "brown goods" or "e-waste".

K

"Exempt waste" means biohazardous or biomedical waste, hazardous waste, sludge, stable matter, green waste or lumber that is more than six feet in length in its longest dimension or two feet in diameter, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, all wastes not authorized for disposal in a class III landfill and those wastes under the control of the nuclear regulatory commission.

L.

"Green waste" means leaves, grass clippings, brush, branches, plant debris, weeds, pruning and other forms of organic waste generated from landscape and garden maintenance generated at the premises wherein the green waste is collected. Green waste does not include items herein defined as exempt waste or materials not normally produced from gardens or landscape areas, such as brick, rock, gravel, large quantities of dirt, concreate, sod, non-organic wastes, oil, and painted or treated wood products.

M.

"Hazardous waste" means any waste material or mixture defined as a "hazardous waste pursuant to California law under Public Resources Code § 40141 or under federal law under 42 U.S.C. § 6903 (RCRA), or defined as a "hazardous substance" under 42 U.S.C. § 9601 (CERCLA), or as a "hazardous material" under California Health & Safety Code Section 25260, as such statutes may be amended from time to time.

N.

For the purpose of this chapter, the term "premises" is defined as a lot or lots, and any building or buildings located thereon, which are under a single ownership or occupancy.

O.

"Organic waste" means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food- soiled paper waste that is mixed in with food waste.

P.

"Recyclable material" means materials which have a market value and are source-separated from other solid waste for the purpose of recycling, such as, but not limited to, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, polyethylene terephthalate and other plastics, beverage containers, compostable materials and such other materials designated by the city manager or CalRecycle as recyclable.

Q.

"Refuse" means putrescible and non-putrescible solid waste.

R.

"Solid waste" means all "solid waste" as defined under California Public Resources Code § 40191, as such may be amended from time to time and includes discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including refuse, construction and demolition debris, bulky waste, recyclable materials, food waste, and green waste, or any combination thereof which are permitted to be disposed of in a class III landfill, and which are included in the definition of "non-hazardous solid waste" set forth in the California Code of Regulations.

S.

"Universal waste" means all waste defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations. These include, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and electronic waste.

T.

"White goods" means inoperative and discarded refrigerators, microwave ovens, ranges, water heaters, freezers, and other similar household appliances.

(Ord. 2582 § 1, 1992; Amended during 1983 codification; prior code § 5210)

(Ord. No. 3028, § 2, 4-14-15; Ord. No. 3078, § 2, 9-26-17; Ord. No. 3106, § 3, 10-8-19)

The council, in its discretion, may make and pursuant to the provisions of this chapter establish, create and divide the city into sanitary zones for the purpose of regulating, collecting and disposing of solid waste. The sanitary zones shall be fixed, determined and created by the council by written resolution duly adopted by the council.

(Amended during 1984 codification; prior code § 5210.17)

(Ord. No. 3078, § 2, 9-26-17)

Savage Canyon landfill, owned and operated by the city, does not accept illegal materials, hazardous waste, biohazardous waste, universal waste, exempt waste, white goods, electronic waste, whole or shredded tires, contaminated soil, mattresses, box springs or green waste. Uncontaminated soil acceptance must be preapproved.

(Ord. 2791 § 1, 2001: Ord. 2696 § 1, 1995: amended during 1984 codification; prior code § 5210.16)

(Ord. No. 3028, § 2, 4-14-15; Ord. No. 3078, § 2, 9-26-17; Ord. No. 3083, § 2, 1-23-18)

The city council does determine that the disposal and/or collection of solid waste and recyclable material is a service to be performed under the supervision of the public works director to protect public health, safety and welfare and to control vectors, in accordance with the provisions of this chapter. The city may from time to time enter into contracts or exclusive franchise agreements, with or without advertising for bids, regarding the collection of solid waste from commercial, business, industrial and residential premises as described in the City Charter Article XIV. So long as any such contract or franchise agreement remains in force, collection of material provided for herein may be made only in accordance with the terms and conditions hereof. Any contractor granted an exclusive contract by the city council for such purpose shall thereupon have the exclusive right to collect all residential, industrial and commercial refuse generated in the city, subject only to the exception set forth in this chapter.

(Ord. No. 3106, § 4, 10-8-19)

Fees and charges shall be, and are hereby, imposed upon the occupants of all premises in the city for the collection, removal and disposal of such solid waste and recyclable materials within the city. Such fees and charges for such collection, removal and disposal services shall be those which the city council may from time to time hereafter approve by resolution or establish by contract or franchise agreement.

(Ord. No. 3106, § 4, 10-8-19)

A.

Immediately upon the effective day of a city council ordinance awarding a franchise to a contractor for the collection of solid waste and recyclable material, each owner and/or person occupying any premises shall be required to pay for the cost of the of the solid waste and recyclable material collection, in the amounts as set in the current franchise agreement(s) unless:

The property is vacant for more than three consecutive months, an owner of the property may request in writing to the contractor a discontinuance of solid waste and recyclable material services during the vacancy.

Property owner and/or person occupying the premises has a valid self-hauler permit issued by the city per Section 8.12.105.

From and after the effective date of the ordinance or any amendment thereto, the charges for the services shall be paid directly to the contractor. The charges shall be due and payable in the time and manner as set forth in the current franchise agreement(s), upon presentation of a statement therefore by contractor. No person against whom the charges are imposed by this chapter shall fail, neglect or refuse to pay them. Contractor must send a notice that service will be suspended if payment is thirty days past due. Contractor will suspend service once payment is sixty days past due.

B.

The charges, as provided for in this chapter, shall be deemed to be civil debts due and owing to the contractor from the owner and/or person in possession of each such premises.

(Ord. No. 3106, § 4, 10-8-19)

Editor's note— Ord. No. 3078, § 3, adopted Sep. 26, 2017, repealed § 8.12.070, which pertained to collection charges —payment required and derived from prior code, § 5210.24; and Ord. 2758, § 5, adopted in 1999.

Editor's note— Ord. No. 3078, § 3, adopted Sep. 26, 2017, repealed § 8.12.080, which pertained to collection charges —failure to pay and derived from prior code, § 5210.23; an amendment made during the 1984 codification; and Ord. 2758, § 6, adopted in 1999.

Editor's note— Ord. No. 3078, § 3, adopted Sep. 26, 2017, repealed § 8.12.090, which pertained to collection charges —responsibility for payment and derived from prior code, § 5210.8; Ord. 2757, § 1, adopted in 1999; Ord. No. 3028, § 2, adopted April 14, 2015; and Ord. No. 3043, § 2, adopted Oct. 27, 2015.

A.

No person shall collect, carry, convey or transport solid waste on or through any street, alley or public place in the city unless such person is an employee of the city or an employee of an authorized contractor of the city. In addition, the following persons shall be exempt from this prohibition:

Landscaping and yard maintenance persons who, as a consequence of their business activity, may generate, transport, and dispose of green waste material that they generate. A city business license is required per Section 5.04.010.

Non-profit organizations collecting recyclable materials for the purpose of fund raising.

A duly-licensed construction or demolition company, as part of a total service provided by the licensed company to the owner for a development project permitted by the city and where the licensed company uses its own equipment and employees, may transport and dispose of construction and demolition debris generated in the course of their business activity.

The generator of the solid waste, C&D debris, or recyclables for the purposes of self-hauling the material to a disposal or recycling facility.

B.

No person shall haul, carry or transport any solid waste through the city or along or over any public street or public place in the city except in motor vehicles that are so constructed and maintained that the contents thereof will not be odorous. The motor vehicles shall be so loaded and operated that none of their contents will fall or spill therefrom, and every vehicle used for such purpose shall be kept in a clean and sanitary condition. Should such transportation cause leakage or deposit of said materials on or along city streets, public rights-of-way or other city property, the transporter shall be responsible for the cost of removal.

C.

Nothing in this section shall prevent a commercial/industrial business owner or residential householder from, on a regular basis, collecting and disposing of solid waste generated in or on their premises, in lieu of availing themselves of the services of the authorized contractor. No residential householder or commercial/industrial business owner shall employ or engage any solid waste enterprise, other than the contractor, to haul or transport such materials to a transfer station, material recovery facility, landfill, or other waste processing or disposal facility. Any residential householder or commercial/industrial business owner who pursuant to this section seeks to on a regular basis collect and dispose of solid waste generated in or on their premises, must first obtain a self-hauler permit from the city an must comply with the procedures for self-hauling established in Section 8.12.105.

(Ord. 2869 § 25, 2006; Ord. 2827 § 1, 2003; Ord. 2791 § 2, 2001; Ord. 2758 § 7, 1999: prior code §§ 5210.4, 5210.5)

(Ord. No. 3078, § 2, 9-26-17; Ord. No. 3106, § 5, 10-8-19)

A.

Self-Hauler Permit. A resident or property owner responsible for the generation or accumulation of refuse, recyclable materials, and/or organic materials on their premise in the city may, instead of subscribing to regular collection service

through the city authorized contractor, apply for a self-hauler permit for their premise.

B.

Term. A self-hauler permit shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All self-hauler permits shall expire on December 31, and may be renewed annually. Application for renewal permit must be filed at least sixty days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.

C.

Issuance of Permit. An applicant for a self-hauler permit shall submit a completed application, on a form approved by the public works director, to the public works department. The public works director or designee shall determine whether the application is complete within five working days of the receipt of the application. If the director or designee finds the application incomplete, the applicant shall be given a list of further information needed to complete the application.

After it is determined that an application for a self-hauler permit is complete, the applicant shall produce the items listed in subsections (C)(1) through (7). The director of public works or designee shall issue a self-hauler permit within five working days of the production of all of the required items.

The applicant produces for inspection the vehicle the applicant intends to use for self-hauling, and the vehicle meets the following standards:

a.

The vehicle is capable of safely hauling a minimum of thirty-two gallons (4.3 cubic feet) of refuse, recyclable materials, and/or organic materials in a safe and sanitary manner so that such matter will not spill.

b.

If the vehicle is not fully enclosed, the applicant produces a tarp or other material that is demonstrated to completely secure the materials being self-hauled.

The applicant produces evidence that they own or lease the vehicle produced for inspection or has written agreement to use the vehicle for self-hauling with the vehicle's owner or lessor.

The applicant produces evidence that they have a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the state of California.

The applicant provides a certificate of automobile insurance for the vehicle.

The vehicle is operational and meets all standards in WMC Section 8.12.100.B.

The applicant provides proof that the applicant has containers for storage of refuse, recyclable materials, and/or organic materials on the applicant's premises before the materials are hauled to a processing or disposal facility. All city- provided refuse, recyclable materials, and/or organic materials containers shall be returned to the city. All contractor- provided refuse, recyclable materials, and/or organic materials containers shall be returned to the contractor.

The applicant attests that they understand and will comply with the self-hauler requirements contained in SB 1383, and included as items (E)(1) through (3) below.

The applicant pays for the fee for a self-haul permit authorized by resolution of the city council. The fee shall reflect the city's reasonable costs of issuing and monitoring compliance with the permit. Permits issued between January 1 and March 31 shall pay one hundred percent of the permit fee; permits issued between April 1 and June 30 shall pay for seventy-five percent of the permit fee; permits issued between July 1 and September 30 shall pay fifty percent of the permit fee; permits issued between October 1 and December 31 shall pay twenty-five percent of the permit fee.

D.

Appeal of Denial. An applicant whose application for a self-hauler permit has been denied may appeal that decision. An appeal may be filed within five days of the date the applicant was notified of the denial. Appeals shall be heard by the city manager. The decision of the city manager is final.

E.

Operational Standards.

Separate its recyclable materials and organic materials (materials that city otherwise requires generators or responsible parties to separate for collection in the city's recyclable materials and organic materials collection program) generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1 and 18984.2 and the city's collection program. Self-haulers shall deliver their materials to facilities described in subsection (b) below. Alternatively, self- haulers may or choose not to source separate recyclable materials and organic materials and shall haul its solid waste (that includes recyclable materials and organic materials) to a high diversion organic waste processing facility that is approved by the city.

Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their source separated organic waste to a facility, operation, activity, or property that processes or recovers source separated organic waste; and, haul their refuse to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and, transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).

Self-haulers that are responsible parties of commercial businesses or multi-family premises shall keep records of the amount of recyclable materials, organic waste, and refuse delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste or shall keep records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to inspection by the city or its designee. The records shall include the following information:

a.

Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and refuse.

b.

The amount of material in cubic yards or tons transported by the generator or responsible party to each entity.

c.

If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic materials, and refuse.

If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic materials, and refuse.

Self-hauler permittees must notify the city of any change in the vehicle being used to haul solid waste by permittee. Permittees must bring the new vehicle in for an inspection and demonstrate compliance with subsection (C)(1) through (7) of this section before the new vehicle is used to haul any solid waste under permit.

Self-hauler permittee must keep on file with the city copies of the current automobile insurance and registration for the vehicle used to self-haul and the permittee's current California driver's license. The permittee must provide proof to the city of renewed automobile insurance, vehicle registration, and California's driver's license within five days of expiration of respective document.

Self-hauler permittees are liable for any damages and clean-up costs resulting from any refuse, recyclable material, or organic material spills during the course of the permittee's self-hauling activity.

F.

Revocation of Permit. The self-hauler permit shall be subject to revocation if permittee violates any provision of this chapter. A notice of revocation shall be mailed to the permittee informing them that their self-hauler permit is being revoked identifying the violations of this chapter that have occurred, and informing the permittee that they have the right to dispute the revocation by an appeal to the city manager. An appeal of revocation must be filed within five calendar days of the mailing of notice of the revocation. A revocation appeal hearing will be scheduled within five days of the date the city receives the request for an appeal. The city manager will issue a decision on the appeal within five days of the hearing and provide the permittee with written notice of the decision. The decision of the city manager on the appeal shall be final. A person whose self-hauler permit has been revoked pursuant to this subsection F may not obtain another self-hauler permit for one year from the date of the revocation.

(Ord. No. 3106, § 6, 10-8-19; Ord. No. 3130, § 1, 10-12-21)

Except as otherwise provided in Section 8.12.100(A)(3), only an authorized contractor of the city may furnish collection services for construction and demolition debris to any location in the city.

(Ord. No. 3106, § 6, 10-8-19)

It shall be the duty of every person (hereafter "customer") in possession or having the care or control of any premises in the city where solid waste accumulates or exists, to cause all such solid waste to be placed and kept in containers as specified in this code.

A.

Separate residential containers, including but not limited to residential refuse, green waste and recyclable material containers, shall be furnished to each premises by the city or its approved contractor for green waste, recyclables, and all other residential refuse, unless otherwise exempted by this chapter or specifically approved by the director of public works. Each container shall be kept clean and in a sanitary condition by the resident or property owner of the premises that said container serves.

B.

It shall be the duty of every resident or property owner to remove or cause to be removed garbage, trash or refuse at least once per week to prevent an accumulation in excess of the capacity of containers to store such material with container lids closed. If weekly garbage, trash or refuse generation regularly exceeds container capacity is shall be the duty of the resident or property owner to subscribe to additional container service.

C.

If weekly solid waste generation regularly exceeds container capacity, it shall be the duty of the resident or property owner to request additional containers from the contractor and pay any additional charges for the containers requested.

D.

No person shall fill any container with solid waste above the top of the container to such an extent as to permit the contents of any container to be blown or otherwise strewn about.

E.

Materials resulting from commercial landscaping or building construction, demolition, alteration or repair such as, but not limited to dirt and sod, rock, brick, concrete, plaster, roofing materials, lumber, construction metal, bulky items and large appliances, must not be placed in automated solid waste containers or solid waste compactors. For disposal of such materials, temporary use of bins and/or roll-off containers are available through an authorized contractor of the city.

F.

It is unlawful for any person to place for collection any refuse, green waste or recyclables in any container or on any premises other than the container or premises from which such refuse, green waste, or recyclables accumulated or was generated.

G.

The public works director or designee may, for good cause, permit the use of other types of containers serving the premises including, but not limited to, semiautomated metal dumpsters having a capacity of one cubic yard or greater

and containers not exceeding a capacity of thirty-three gallons, provided such latter containers comply with the provisions of subsection M of this section.

H.

It is unlawful for any person to introduce residential refuse, recyclables, hazardous waste, biohazardous waste, universal waste, or any materials which are not green waste into a container designated for green waste.

I.

It is unlawful for any person to introduce residential refuse, green waste, hazardous waste, biohazardous waste, universal waste, or any materials which are not recyclable material into a container designated for recyclable materials.

J.

It is unlawful for any person to introduce recyclables, green waste, hazardous waste, biohazardous waste, universal waste, or any materials which are not refuse into a container designated for refuse.

K.

It is unlawful for any person to introduce refuse, recyclables, hazardous waste, biohazardous waste, universal waste, or any other materials which are not organic waste into a container designated for organic waste.

L.

All ashes, when placed in a refuse container, shall be cold, dampened, and free from any fire, live coals, or other substances capable of igniting or which might ignite other materials with which they come in proximity or contact.

M.

Non-Automated Solid Waste Collection Areas. All residents shall utilize the automated collection system except those permitted otherwise by the director of public works or his/her designee. The permitted usage of manually-collected containers shall have a capacity not to exceed thirty-three gallons each and shall not exceed fifty pounds in weight per container when loaded, including the weight of the container.

(Ord. No. 3106, § 7, 10-8-19; Ord. No. 3112, § 2, 2-25-20)

Editor's note— Ord. No. 3106, § 7, adopted Oct. 8, 2019, amended § 8.12.110 in its entirety to read as herein set out. Former § 8.12.110 pertained to solid waste containers and derived from Ord. No. 3078, § 2, adopted Sep. 26, 2017.

A.

Containers shall be furnished to each premises by the city or its approved collector for commercial or industrial refuse, unless otherwise exempted by this chapter specifically approved by the public works director.

B.

All ashes, when placed in a refuse container, shall be cold, dampened, and free from any fire, live coals, or other substances capable of igniting or which might ignite other materials with which they come in proximity or contact.

C.

It is unlawful for a person occupying or having control of any commercial or industrial unit to introduce exempt waste materials, or any materials that are not commercial or industrial refuse, green waste, or recyclables into a container.

D.

It is unlawful for any person to place for collection any commercial or industrial refuse, green waste, or recyclables in any container or on any premises other than the place from which such refuse, green waste, or recyclables accumulated or was generated.

E.

It is unlawful for any person to introduce refuse, recyclables, hazardous waste, biohazardous waste, universal waste, or any other materials which are not organic waste into a container designated for organic waste.

F.

It shall be the duty of every person occupying or having control of any commercial or industrial unit to remove or cause to be removed garbage, trash or refuse at least once per week or at more frequent times as necessary to prevent an accumulation in excess of the capacity of containers to store such material with lids closed.

G.

Locking bin service. The public works director or designee may, in the interest of public health and safety, require a customer to obtain a subscription for locking bin service through the solid waste contractor, when solid waste is routinely strewn about the customer's container.

H.

Containers left outdoors shall be stored with lids closed or otherwise securely fastened to reduce pests, unlawful disposal and/or scavenging and to exclude rain. The containers and lids shall be maintained so that no solid waste material placed therein shall be permitted to escape from the container until the container is being emptied into a solid waste collection vehicle and/or by a person authorized to do so.

I.

Materials resulting from commercial landscaping or building construction, demolition, alteration or repair such as, but not limited to dirt and sod, rock, brick, concrete, plaster, roofing materials, lumber, construction metal, bulky waste and large appliances, must not be placed in automated solid waste containers or solid waste compactors. For disposal of such materials, temporary use of bins and/or roll-off containers are available through an authorized contractor of the city.

J.

Restaurant Food Waste. Restaurant-generated food waste must be placed in closed plastic bags prior to depositing into any solid waste container or compactor for disposal. Restaurant-generated food waste placed in a commercial organics recycling container will follow the recycling program guidelines.

(Ord. No. 3106, § 8, 10-8-19)

Containment, storage and disposal of medical waste shall be in compliance with the Medical Waste Management Act (California Health and Safety Code, Sections 117600-118360).

(Ord. No. 3078, § 2, 9-26-17)

Editor's note— Ord. No. 3078, § 2, adopted Sep. 26, 2017, amended § 8.12.120 in its entirety to read as herein set out. Former § 8.12.120 pertained to receptacles for medical materials and derived from prior code, § 5210.2; and Ord. 2758,

§ 11, adopted in 1999.

Solid Waste containers in areas not included in an automated solid waste collection program shall be placed and maintained as follows:

A.

Such solid waste containers shall at all times be kept upon private premises in accordance with the provisions of this code, except:

When placed at authorized locations for collection; or

When otherwise directed by the director of public works or designee.

B.

Approved locations for curb or alley collection of such solid waste containers shall be as follows:

Curb Collection. For premises not served by an alley: Containers shall be placed within the public parkway, but not within the sidewalk areas, except in those locations where the sidewalk abuts the curb. The containers shall not be placed in or upon the roadway of any street.

Alley Collection. For all premises served by an alley: Containers shall be placed for collection within a distance not to exceed five feet of the right-of-way line of the alley abutting the premises served. Containers shall not be placed within any portion of any alley, except where the location is approved, for good cause, by the public works director or designee.

(Ord. No. 3078, § 2, 9-26-17)

Editor's note— Ord. No. 3078, § 2, adopted Sep. 26, 2017, amended § 8.12.130 in its entirety to read as herein set out. Former § 8.12.130 pertained to placement of containers—non-automated refuse collection and derived from prior code, § 5210.6; and Ord. 2430, § 2, adopted in 1988.

Solid Waste containers on premises included in an automated solid waste collection program area shall be placed and maintained as follows:

A.

For premises served by an alley: all residences served with the three-container system for solid waste and recycling shall place these containers on their private property, but not necessarily out of public view. These containers shall not be placed within the right-of-way of an alley. For those units served with three hundred-gallon containers, the public works director or designee will designate an area for the containers. The director of public works or his/her designee may permit placement of solid waste and recycling containers in the public right-of-way in an alley only under unusual circumstances that render it impossible to retain the containers on private property.

B.

For premises not served by an alley: solid waste containers shall at all times remain on private property, out of public view from the public right-of-way, except when placed at approved locations for collection. "Approved locations for collection," for the purposes of this subsection, shall be within the roadway with container wheels against the curb abutting the premises served.

(Ord. No. 3078, § 2, 9-26-17; Ord. No. 3112, § 2, 2-25-20)

Editor's note— Ord. No. 3078, § 2, adopted Sep. 26, 2017, amended § 8.12.132 in its entirety to read as herein set out. Former § 8.12.132 pertained to placement of containers—automated refuse collection program and derived from Ord. 2430, § 3, adopted in 1988; Ord. 2791, § 3, adopted in 2001; and Ord. No. 2794, § 1, adopted in 2001; Ord. No. 3028, § 2, adopted April 14, 2015; and Ord. No. 3043, § 2, adopted Oct. 27, 2015.

It is a violation of this code, punishable as an infraction, for any person:

A.

To keep or maintain a solid waste container at any location not permitted pursuant to the provisions of this code;

B.

To damage or destroy any city-owned or contractor-owned solid waste container, or a solid waste container owned by any other person;

C.

To move a city-owned or contractor-owned solid waste container in an area included within an automated solid waste collection program;

D.

To fail to place restaurant-generated food waste in closed plastic bags prior to disposal or failure to follow the commercial organics recycling program guidelines when placing restaurant-generated food waste in a commercial organics recycling container;

E.

To place any prohibited waste, such as commercial landscape waste, construction and demolition waste, or hazardous waste in alley automated containers;

F.

For any unauthorized person to use an alley automated container to dispose of solid waste; and

G.

To violate any part of Sections 8.12.160 and 8.12.170 of this code.

(Ord. 2758 § 12, 1999; Ord. 2430 § 4, 1988)

(Ord. No. 3078, § 2, 9-26-17)

No person shall place any such container or bulky waste for collection, except on the day designated by the city for collection of refuse from the premises. The city designated collection day is the twenty-four-hour period from six p.m. the day before to six p.m. the day of collection. Any container or bulky waste placed for collection contrary to the provisions of this chapter shall be deemed to be a public nuisance and shall be issued a citation.

(Ord. No. 3078, § 2, 9-26-17; Ord. No. 3106, § 9, 10-8-19)

Editor's note— Ord. No. 3078, § 2, adopted Sep. 26, 2017, amended § 8.12.140 in its entirety to read as herein set out. Former § 8.12.140 pertained to collection times and impoundment of receptacles and derived from prior code § 5210.7; and Ord. No. 3028, § 2, adopted April 14, 2015.

A.

All containers used within the city shall be owned and/or operated by either:

The city;

An approved contractor of the city for the particular sanitary zone; or

A business that collects, processes or transports exempt waste materials within the city pursuant to a permit issued from the city under Section 5.04.010.

Landscaping and yard maintenance persons who, as a consequence of their business activity, may generate, transport, and dispose of green waste material that they generate. A city business license is required per Section 5.04.010.

Non-profit organizations collecting recyclable materials for the purpose of fund raising.

A duly-licensed construction or demolition company, as part of a total service provided by the licensed company to the owner for a development project permitted by the city and where the licensed company uses its own equipment and employees, may transport and dispose of construction and demolition debris generated in the course of their business activity.

B.

All other containers are unauthorized and may be removed and impounded by the public works director or his/her designee. In addition, the public works director may immediately remove and impound any container(s) that create a dangerous or hazardous condition constituting an immediate threat to public health or safety.

Prior to removing an unauthorized container located in the public right of way or on any city-owned property, the public works director or his/her designee shall give notice to the owner of the container, identifying that the container is in

violation of this section, and stating that if the container is not removed within four hours, it will be removed and impounded by the city or his/her designee together with any contents, which may thereafter be processed and disposed of as set forth in this section. The notice shall be given by posting on the container, and by telephone, if a telephone number is displayed on the container. Notwithstanding the foregoing, if such a notice has been given at any prior time to the person identified on the container, such person shall be deemed to have had notice of requirements of this section and no further notice need be given prior to impoundment of an unlawful container which has similar identification on it. If the unlawful container is not removed from the city-owned property or right of way within four hours, it will be impounded, together with the contents thereof.

Prior to removing an unauthorized container located on property not owned by the city, the public works director or his/her designee shall give notice to the owner of the container or the property owner on which the container is situated, identifying that the container is in violation of this section, and stating that if the container is not removed within twenty- four hours, it will be removed and impounded by the city and/or designee together with any contents, which may thereafter be processed and disposed of as set forth in this section. The notice shall be given by posting on the container or in a conspicuous place on the property, and by telephone, if a telephone number is displayed on the container. Notwithstanding the foregoing, if such a notice has been given at any prior time to the person identified on the container, such person shall be deemed to have had notice of the requirements of this section and no further notice need be given prior to impoundment of an unlawful container which has similar identification on it. If the unlawful container is not removed from such property within twenty-four hours, it will be impounded, together with the contents thereof.

C.

Upon posting of a written notice of violation upon the unauthorized container, the customer using the unauthorized container shall immediately cease placing solid waste and recyclable materials therein.

D.

Upon the impoundment of a container, a written notice of such action shall be sent by certified mail, return receipt requested, to (1) the owner or person in charge of the container at the address identified on the container(s) and (2) the occupant, within three days after the impoundment. The notice shall specify:

The reason(s) why the container(s) is/are unauthorized,

The location where the container(s) is/are impounded,

That the owner or person in charge of the container(s), or the occupant (jointly and severally), will be responsible for the costs of removal and impound of the container(s),

The right to appeal the public works director's decision to impound pursuant to subsection (E) of this section, and

That, unless the public works director's decision is appealed, and container(s) not retrieved within thirty days following the impound will be sold or disposed of by the city and the city may retain any proceeds.

Failure of an owner or person in charge of an impounded container or occupant to receive written notice pursuant to this subsection shall not invalidate the impoundment.

E.

The owner or person in charge of the container or the occupant may appeal the public works director's decision to impound the container to the city manager within fifteen days following the date of the impound notice.

F.

The owner or person in charge of the container or the occupant who provides sufficient proof of ownership or responsibility for the container may have such container returned within a reasonable time, not to exceed fifteen days from the date of impoundment or, if an appeal is timely requested, within fifteen days from the date the appeal becomes final. The container shall not be returned until the owner or person in charge of the container or the occupant, pays:

An impound fee as established from time to time by resolution of the city council,

The cost of disposing of the contents of the container as set in the current solid waste disposal rate schedule, and

The reasonable cost of removing and storing the container.

If it is determined on appeal that the container was authorized to be used in the city, any impound fee and costs paid for the release of a container shall be refunded to the owner or person in charge of the container or to the occupant, whoever paid the impound fee.

G.

If no appeal has been requested, or, if requested, had resulted in a final decision that the container was rightfully impounded, and if the impound fees and costs specified in this subsection have not been paid within thirty days following the impound, or if timely appealed, within thirty days following the city manager's final decision, the public works director may sell or otherwise dispose of the container and retain the proceeds from such sale or other disposition.

H.

The public works director may delegate to a contractor the authority to remove and impound unauthorized containers, to provide written notice to owners, persons in charge and occupants, to collect fees and costs, and to dispose of unclaimed containers, all as authorized by this section. Prior to exercising such delegated authority, the contractor shall enter into a written agreement, in a form satisfactory to the city, indemnifying and holding harmless the city against all claims and causes of action arising out of the contractor's actions herein. The contractor shall also agree to amend its franchise agreement issued by the city pursuant to ordinances 3076 and 3077 to reflect that impoundments performed by the collector without full compliance with this section shall be deemed violations of the contractor's franchise agreement. The city manager may revoke this delegation of authority, in whole or in part, at any time in his/her sole discretion, and the collector shall acknowledge that any such revocation shall not be deemed a breach of the contractor's franchise agreement.

(Ord. No. 3106, § 10, 10-8-19; Ord. No. 3112, § 2, 2-25-20)

A.

Ownership of Recyclable Material. Upon the placement of recyclable material at a designated recycling collection location, the recyclable material shall become the property of the authorized recycling contractor.

B.

Unauthorized Collection Prohibited. No person, other than an authorized recycling contractor, shall remove recyclable material which has been placed at a designated recycling collection location.

Any and each violation hereof from one or more designated recycling collection locations shall constitute a separate and distinct offense punishable as provided in subsection E of this section.

C.

Approved Recycling Containers—Ownership and Unauthorized Removal. It is unlawful for a person other than the (1) resident of the premises or his/her designee; or (2) the city; or (3) an authorized agent of the city; or (4) the authorized recycling contractor, to remove any approved recycling container from the designated recycling collection location.

D.

Right of Individual to Dispose of Recyclable Material. Nothing in this chapter shall limit the right of an individual person, organization, or other entity to donate, sell, or otherwise dispose of recyclable material, provided that any such disposal does not violate any provisions of this chapter.

E.

Violations and Penalties. Violations of any part of this section shall be an infraction pursuant to Section 1.08.010 of this code.

F.

Enforcement. Nothing in this chapter precludes a local authority from using employees to enforce this chapter. This authority shall be in addition to the authority granted to police officers.

G.

Civil Action by Authorized Recycling Contractor. Nothing in this chapter shall be deemed to limit the right of the authorized recycling contractor to bring a civil action against any person who violates the above described sections of this chapter, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor.

H.

No person other than the owner or person entitled to use a container, an employee of the city, the agent or employee of a contractor, shall interfere in any manner with any solid waste container or the contents thereof, remove any such container from the location where it was placed by the owner or person entitled to possession thereof, or remove the contents from any such container.

(Ord. No. 3078, § 2, 9-26-17; Ord. No. 3112, § 2, 2-25-20)

Editor's note— Ord. No. 3078, § 2, adopted Sep. 26, 2017, amended § 8.12.160 in its entirety to read as herein set out. Former § 8.12.160 pertained to interference with receptacles and derived from prior code § 5210.3; Ord. 2582, § 2, adopted in 1992; Ord. No. 2758, § 13, adopted in 1999; and Ord. No. 3028, § 2, adopted April 14, 2015.

A.

No person shall permit or allow any deposit or accumulation of any solid waste in or upon any lot or upon any public or private drive, alley or street, or in any building, or any other public or private place with the city, except as provided in this code.

B.

It is unlawful for any resident or property owner responsible for the generation of solid waste and/or recyclables to keep or accumulate, or cause or permit to be kept or accumulated, upon any premises owned, controlled or occupied by him/her in the city any refuse, green waste, or recyclable material which are putrid or offensive or which are a fire hazard, health menace or public nuisance. It shall be the duty of each such resident or property owner to cause any such accumulation to be handled treated, placed, and disposed of as set forth in this chapter.

C.

It is mandatory for any resident or property owner of occupied premises with the city to arrange for collection, transportation, processing and disposal of all refuse, green waste, and recyclables on at least a weekly basis and pay for the related charges described in WMC Section 8.12.060. If premises generate refuse, green waste, and/or recyclables at a rate such that weekly collection, transport, processing and disposal is insufficient to prevent an accumulation that violates subsections (A) and (B) of this section, the city may require a resident or property owner to arrange for such collection, transportation, processing and disposal more frequently than once weekly, as determined by the public works director.

(Ord. No. 3106, § 11, 10-8-19; Ord. No. 3112, § 2, 2-25-20)

Editor's note— Ord. No. 3106, § 11, adopted Oct. 8, 2019, amended § 8.12.170 in its entirety to read as herein set out. Former § 8.12.170 pertained to deposits of solid waste and derived from Ord. No. 3078, § 2, adopted Sep. 26, 2017.

A.

No person shall permit the contents of any cesspool, septic tank or water closet, sewer or sewage effluent, excrement, urine, slop water, butcher shop offal, refuse, rubbish, cans or any dead animal, dead fowl or putrid or offensive animal or vegetable matter or other type of solid waste to remain or be deposited or discharged upon the surface of the ground or upon any premises, lot or in any building, basement or in any public street, or into any standing water, stream or excavation or public place.

B.

Nothing contained in this section shall be deemed to prohibit the depositing of solid waste in any lawfully existing public landfill.

(Ord. No. 3078, § 2, 9-26-17)

No person shall bury solid waste on or in any publicly or privately owned real property in the city.

(Ord. No. 3078, § 2, 9-26-17)

A resident must schedule collection of overflow greenwaste which does not fit into a green automated container with the city's franchise recycler for collection on their regular trash day. The city shall not collect nor shall it be required to remove any tree cuttings or trimmings or any orchard or nursery where the total area of the orchard or nursery exceeds one-fourth acre. Scheduled special collection of trimmings for residential areas must be tied securely in bundles and placed at either the curb or in the alley, whichever is the normally designated trash collection area on trash day. Bundles must not exceed two feet in diameter and four feet in length. Tree limbs and stumps must not be larger than four feet in length and four inches in diameter or exceed seventy-five pounds in weight.

(Ord. 2791 § 4, 2001: prior code § 5210.13)

The director of public works or his/her designee is authorized and directed to administer the provisions of this chapter subject to the rules and regulations required in this chapter to be adopted and established by the council.

(Ord. 2758 § 15, 1999: amended during 1983 codification; prior code § 5210.25)

(Ord. No. 3112, § 2, 2-25-20)